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Archive: 10 September 2014

Posts in 10 September 2014

Traces enables Online Correction functionality with enhanced features without Digital Signature

September 10, 2014 3277 Views 0 comment Print

Attention Deductors: The Online Correction functionality with enhanced features has been enabled “without Digital Signature” for Financial Year 2012-13 onwards. Digital Signature will be required only for PAN Corrections Tag/Replace Challan has been enabled on TRACES Details of manual and processed demands based on financial year are now available through a link on TRACES deductor […]

Section 69- Addition for cash deposited in bank after long period of withdrawal not justified

September 10, 2014 13472 Views 0 comment Print

AO, in his remand report could not bring out any fact that the cash withdrawn from Saving Bank Account and partnership overdraft account was used for other purpose anywhere else then, merely because there was a time gap between withdrawal of cash and its further deposit to the bank account, the amount can not be treated as income from undisclosed sources u/s 69 of the Act in the hands of the assessee.

Mere Change in Allotted flat without determining any consideration is not transfer

September 10, 2014 2684 Views 0 comment Print

Merely change in the flat without determining any consideration for the old flat cancelled and new flat transferred, it cannot be said that the old flat was sold and new flat was purchased on the date of change.

Table on Step for Incorporation Of Company Under Companies Act, 2013

September 10, 2014 5679 Views 0 comment Print

For Incorporation of Companies An application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC.2 (for One Person Company) and Form no. INC.7 (other than One Person Company) along with the fee as provided in the Companies (Registration offices and fees) […]

Exporter not barred from seeking determination of Brand Rate of drawback even if he already applied at all India rates

September 10, 2014 790 Views 0 comment Print

Accordingly, it was held that the manufacturer or exporter is not barred from seeking a determination of the Brand Rate of drawback under Rule 7 merely because, at the time of export, the Petitioner had applied for and granted drawback at All Industry Rate as determined under Rule 3.

Service provider can avail Cenvat credit on input services prior to Service tax registration

September 10, 2014 15019 Views 0 comment Print

The Hon’ble CESTAT, Delhi also relied upon the decision in the Metric Solution case and held that Cenvat credit in respect of inputs/ input services received by an output service provider during the period prior to his obtaining Service tax registration is admissible and denial of Cenvat credit on this ground is not correct.

Provisions related to Internal Audit under Companies Act 2013

September 10, 2014 5126 Views 0 comment Print

Section 138 of the Act provides that such class or classes of companies as may be prescribed shall be required to appoint an internal auditor. Such internal auditor shall be appointed by the board and may be a chartered accountant or cost accountant or or such other professional as may be decided by the board.

Treatment of accounts opened for credit of Scholarship Amounts under Government Schemes

September 10, 2014 1049 Views 0 comment Print

As directed by the Bombay High Court, Regional Rural Banks and State / Central Cooperative Banks are hereby advised to ensure that accounts of all student beneficiaries under the various Central/State Government Scholarship Schemes are free from restrictions of ‘minimum balance’ and ‘total credit limit’.

An assessee is entitled to refund of unutilized credit balance lying in his account on closure of his unit in absence of any bar

September 10, 2014 7598 Views 0 comment Print

The Hon’ble Tribunal observed that there is no dispute as to the fact that amount lying in balance in the Cenvat credit account of the Appellant. Further, it was noted that refund of the unutilized Cenvat credit does not fall under any of the rules and that there are no express or implicit provisions in the Excise Act and the Credit Rules for grant of refund of Cenvat Credit balance lying unutilized at the time of closure of the unit.

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